Bluegrass Tennessee Passes AV and CV Laws - Deep Dive

If this were my inbox or a pile on my desk, I would be groaning out loud and with great suffering. I hate stuff piling up, but I let it happen this time with the seeming constant flow of legislation, particularly from US states that believe that a new law will place them in the lead of economic prosperity that autonomous vehicles will surely bring.

NOT.

You are too late; the lead on this has already been taken. Now it is better to be either a state that puts out a welcome mat for autonomous vehicles on all roads, in all situations, and with little bureaucracy, or to take a wait-and-see attitude while other states suffer from the inevitable growing pains that a disruptive on-the-streets technology will bring.

Tennessee's new autonomous vehicle law, TN S. 151,  the Safe Automated Vehicles (SAVE) Act, has a few unusual provisions, but then that is what is interesting about the state laws being passed. They all differ in some way, just like current motor vehicle laws vary regarding conventional vehicles.

The statute covers the whole range of self-driving possibilities, from partially driverless to complete "automated driving systems" (ADS), which is the term employed by the statute. Read to the bottom for info about Tennessee's new platooning law.

Bluegrass State Likes Big Auto Companies

A big limitation is the restriction to any but auto manufacturers.

A motor vehicle manufacturer may commence a SAVE project on the streets and highways of this state after it provides notification to the department of its self-certification of the requirements set out in § 55-54-104. Only motor vehicle manufacturers are eligible to participate in a SAVE project, and each motor vehicle manufacturer is responsible for the safe operation of its participating fleet. [Emphasis added.]

A manufacturer is defined in this statute as a "person" (meaning a corporation) that:

(A) Has manufactured and distributed motor vehicles in the United States that are certified to comply with all applicable federal motor vehicle safety standards; and 

(B) Submitted appropriate manufacturer identification information to the National Highway Traffic Safety Administration as provided in 49 CFR part 566;

The limitation means that tech companies that want to test AV software, sensors, etc., will have to partner with a manufacturer - or go to a more friendly state. This subsection basically says goodbye to a startup that wants to test on its own.

Siri says put on the seatbelt or we won't go. Nah, she's not mom material

The Tennessee law includes a provision that anticipates unaccompanied children riding in autonomous vehicles. The responsibility for the child will lie not with the company that manufactures or controls the vehicle at the time, but, quite logically, with the parent, guardian, or other adult who is personally responsible for the minor. As someone who grew up on the buses and trains in New York City, I am fine with this, but that kind of situation will be a big change in most American communities.

The law goes into quite a bit of detail about the child situation, specifically addressing liability if a child fails to put on a seatbelt (in my house, the kids would scream if anyone neglected to click that seatbelt). Actually, the law excuses the seatbelt neglect as far as operators of autonomous vehicles are concerned.

Usual provisions

• Pilot projects require notification that includes geographic information about pilot and testing areas, and crash notification and data reporting technology.
• Automatic or prompt notification to law enforcement in the case of a crash. "Prompt" is left undefined, but, presumably, regulations will clarify that. 
• Consistent with general tort law, the Tennessee statute deems the manufacturer liable "for incidents where the ADS is at fault." Really, that goes without saying and does not create strict liability or a presumption of liability.
• And another significant, but usual, provision is a ban that preempts counties, cities, and other political subdivisions from having their own laws or policies that are more lenient or rigid than the state law. Big no to local control. 
• The ADS is considered the operator for a fully autonomous vehicle.

Being picky

Though the statute uses the word "crash," the law also refers to "accidents," a term which many now oppose because the design of high-speed and other dangerous roads predictably results in road violence, injury, and death.

Convoy

Tennessee has passed a connected vehicle law TN S. 676 that allows for multi-vehicle platooning IF there is "notification to the department of transportation and the department of safety. The notification provided pursuant to this subsection (a) must include a plan for general platoon operations." AND the platooning plan is not rejected by either of these state departments within 30 days of plan notification. (Emphasis added.)